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The Lawyer Thread Where We Stop Ruining Other Threads (3 Viewers)

But somebody has to be on the side of the equation that I was. And, if I can do that job professionally and within the ethical confines of the law, then it’s far better that I’m on that side because somebody needs to be and another person may not be able to do the job as the constitution intends. 
Why even justify that with a response

 
Because he's my friend. 
I can't believe I completely forgot he's the dude that "brought woz to the boards."  Now I only see him as "that guy who trolls the trans thread," thought he was doing the same in here.

 
I can't believe I completely forgot he's the dude that "brought woz to the boards."  Now I only see him as "that guy who trolls the trans thread," thought he was doing the same in here.
The trans thread?

 
I can't believe I completely forgot he's the dude that "brought woz to the boards."  Now I only see him as "that guy who trolls the trans thread," thought he was doing the same in here.
Actually I'm giving myself a pass on this one.  Dude last posted in 2010 until this week, where he has posted in:

  • "Another Killing at the Hands of Police" thread where he was called 'unraveled'
  • Trans thread where he admitted he was trolling and since deleted his posts
  • Here
 
This class action stuff looks like pretty good work if you can get it.

Objection to Class Counsel's Fee Application in the NFL Concussion Litigation:  https://drive.google.com/file/d/1Ea9qpDTE1ftocms8n1uT6AdGvqpg6HHu/view

Quote
Less than two years into a 65-year settlement, Class Counsel has already depleted almost 90% of the $112.5 million common benefit fund (“Fee Fund”) this Court said was “to be used to pay Class Counsel for securing and [ii] implementing” the settlement over the course of the next six decades.








 






Quote





From the $22.8 million set aside by the Court for implementation, and in response to Co-Lead Class Counsel’s First Verified Petition for An Award of Post-Effective Date Common Benefit Attorneys’ Fees and Costs (ECF 10128; the “First Petition”), the Court recently awarded Class Counsel $9.4 million for fees and expenses they claimed were incurred between January 2017 and May 2018 (See ECF 10378). Co-lead Class Counsel’s Second Petition seeks an additional $3.2 million for fees and expenses allegedly incurred over a 6-month period between May and November 2018 (ECF 10374).





Collectively, the First and Second Petitions confirm Class Counsel—left largely unrestrained and with little Class Member oversight and an apparently-unlimited (and undisclosed) budget—are burning through funds set aside for the settlement’s 65-year term at more than $500,000 per month. At that pace, and if the Second Petition is granted, the remaining $10.2 million set aside for implementation will be exhausted in less than two years, approximately 61 years before the end of the settlement’s 65-year term.








 


 
Question for the Lawyer guys......

I'm not the suing type but this has my blood boiling and is costing me money...... My wife had a hip replaced back in July. The hip itself is good now, but part of the incision never healed. She went back to the doctor 3 weeks after surgery and he said he didnt know what was going on, that mostly it was because she's overweight. the bulge kept getting bigger, opened once and drained like crazy, then her skin flaked off, but it closed up.

It started growing again and was painful. Went back to the surgeon in Dec. He didn't even look at it, had is PA look at it and told her, she didn't know, but it wasn't anything major. The doctor once again stated it was because she was overweight.

A few weeks ago she went to see a dermatologist, he wouldn't touch it because he didn't do the surgery, went to a walk-in clinic, and they wouldn't do anything but suggested she see her primary. She went to see her, and the doctor was livid no one would touch her. By now it's was still growing. So her doctor cut it open, instant relief. She feels the incision was never sutured properly and her incision was now herniated and tissue growing out of it and told her she should see a Plastic Surgeon to get it fixed. It's been draining for 3 weeks now and I've been changing her dressing twice a day. Last Weds it burst, I won't tell you what came out of it, but it was freaking gross. Again she had instant relief. She's finally getting into the Plastic Surgeon this Weds, and hopefully he'll fix her up by the end of the week. But we are talking about another surgery now and more money out of my pocket.

The ego of this surgeon is unreal. He flat out told us when we went back after surgery that there will be no infections or any complications because he will not have that tarnish his record. That he didn't know what the bulge was and that it was because she was overweight.

She has lost muscle in that leg and has a lot of troubles with it, she needs to get muscle back but she can't because she can't exercise because of the open wound.

Is there any malpractice here? I feel so bad for her and the pain and crap she's endured over these past 6 months, It's ridiculous. I've been taking pictures every few days and have everything documented.

 
Does anyone have any experience with Colorado Construction law?

We bought 1/2 a duplex with a metal roof that has a sharp pitch to it's roof. After it snows the metal roof heats up quickly causing all the snow on the roof to flow into the gutters. This makes them fill up and creates dripping icicles and chunks of snow dropping onto the pathway to our door. Since it's a duplex, we have to coordinate with the other owner to install snow guards on the roof to fix it. It's not cheap. The issue is they don't live in their unit and instead rent it out. We got the quotes to fix it, but they want to try and sue the builder in small claims court for the $6k to fix it. 

I'd rather just be done with it and get it fixed since we have to live with it, but they wanna go down that path first. Obviously, I'd like the builder to fix it, but is there any way this works? Or is it tough luck? If anything, the stupid roof installer should've put it on IMO.

Frustrating.

:angry:  
Not a Colorado guy, but I do a lot of construction defect work.   Colorado has a notice of claims statute, so no matter what you'd start by notifying the builder of the problem, which triggers an informal process where they get an opportunity to inspect and do repairs.   Nothing to lose by initiating the process.

 
We emailed them a few weeks ago and they said snow guards are not required in Denver so we can go pound sand. It just seems like our new build warranty mentions working gutters and roof and they clearly don't work. 
Yeah, they'll argue it's a betterment, but if you can get someone to say that the way the roof is designed the gutters are inadequate, it's still a defect.   Builders suck.  It's why I have a successful career.   

You don't want to sue them in small claims.   If you sue in district or superior court, they have to hire a lawyer.   That's more than the $6K for the gutters.   Make the demand and explain the cost/benefit ratio of why they should work with you.

Initiate the formal process.  Cite the statute, use whatever magic language it has.  That makes it a known claim, which puts them in a position where technically they have to tender it to their insurance carrier.  They don't want to do that over a few thousand bucks.  

 
Last edited by a moderator:
Does anyone have any experience with Colorado Construction law?

We bought 1/2 a duplex with a metal roof that has a sharp pitch to it's roof. After it snows the metal roof heats up quickly causing all the snow on the roof to flow into the gutters. This makes them fill up and creates dripping icicles and chunks of snow dropping onto the pathway to our door. Since it's a duplex, we have to coordinate with the other owner to install snow guards on the roof to fix it. It's not cheap. The issue is they don't live in their unit and instead rent it out. We got the quotes to fix it, but they want to try and sue the builder in small claims court for the $6k to fix it. 

I'd rather just be done with it and get it fixed since we have to live with it, but they wanna go down that path first. Obviously, I'd like the builder to fix it, but is there any way this works? Or is it tough luck? If anything, the stupid roof installer should've put it on IMO.

Frustrating.

:angry:  
Get rid of the gutter or parts of the gutter?

 
Would we have to hire an attorney to write this up?
Technically nobody had to hire an attorney to do anything.   Usually you get better results when you hire a lawyer skilled in the field you're in, but often that's an economically negative proposition.    In this case, it's not that difficult to initiate the process.   Look up the Colorado Construction Defect Action Reform Act, find the section on notice of claim and right to cure, and write a demand letter using the language in the statute.   In most states, you need to send a certified letter.

Here's a Colorado firm describing the process.   

 
Question for the Lawyer guys......

I'm not the suing type but this has my blood boiling and is costing me money...... My wife had a hip replaced back in July. The hip itself is good now, but part of the incision never healed. She went back to the doctor 3 weeks after surgery and he said he didnt know what was going on, that mostly it was because she's overweight. the bulge kept getting bigger, opened once and drained like crazy, then her skin flaked off, but it closed up.

It started growing again and was painful. Went back to the surgeon in Dec. He didn't even look at it, had is PA look at it and told her, she didn't know, but it wasn't anything major. The doctor once again stated it was because she was overweight.

A few weeks ago she went to see a dermatologist, he wouldn't touch it because he didn't do the surgery, went to a walk-in clinic, and they wouldn't do anything but suggested she see her primary. She went to see her, and the doctor was livid no one would touch her. By now it's was still growing. So her doctor cut it open, instant relief. She feels the incision was never sutured properly and her incision was now herniated and tissue growing out of it and told her she should see a Plastic Surgeon to get it fixed. It's been draining for 3 weeks now and I've been changing her dressing twice a day. Last Weds it burst, I won't tell you what came out of it, but it was freaking gross. Again she had instant relief. She's finally getting into the Plastic Surgeon this Weds, and hopefully he'll fix her up by the end of the week. But we are talking about another surgery now and more money out of my pocket.

The ego of this surgeon is unreal. He flat out told us when we went back after surgery that there will be no infections or any complications because he will not have that tarnish his record. That he didn't know what the bulge was and that it was because she was overweight.

She has lost muscle in that leg and has a lot of troubles with it, she needs to get muscle back but she can't because she can't exercise because of the open wound.

Is there any malpractice here? I feel so bad for her and the pain and crap she's endured over these past 6 months, It's ridiculous. I've been taking pictures every few days and have everything documented.
Sorry I missed this. PM me if you still need to talk to someone, including what state and who made the hip if you can 

 
Gonna brag a bit here.  I teamed up with the ACLU and scored a huge win in my jurisdiction for indigent defendants on a particular pre-trial release issue. :pickle:  
My big win for the day was getting a county clerk to understand that the search function for the court's website has been down since November.

 
This profession is incredibly stressful and maddening sometimes. There are weeks I feel way overpaid. And there are weeks like this one where I think I should walk to another firm and make double given the wear and tear on my psyche. 

 
This profession is incredibly stressful and maddening sometimes. There are weeks I feel way overpaid. And there are weeks like this one where I think I should walk to another firm and make double given the wear and tear on my psyche. 
My wife and I are literally in the middle of a conversation about what it would look like if I stopped practicing. Not because woe is me. But because the stress has been bad lately. I was just in Florida for a week and basically stayed half drunk the whole time to drown out the noise.

And this is at the same time I just doubled the firm size and footprint.  When I truly help someone who needs help and all those stars align, it's a drug I cant kick..... but it's harder and harder to get that high.

 
My wife and I are literally in the middle of a conversation about what it would look like if I stopped practicing. Not because woe is me. But because the stress has been bad lately. I was just in Florida for a week and basically stayed half drunk the whole time to drown out the noise.

And this is at the same time I just doubled the firm size and footprint.  When I truly help someone who needs help and all those stars align, it's a drug I cant kick..... but it's harder and harder to get that high.
For me, as a partner in BigLaw, it's not even a fun geek-out problem solving/find the smoking gun/come up with a great strategy to win the case job anymore.  That part is more or less gone.  Now it's basically a sales and management position.  The sales part is the only way I get a real "high" lately it seems, hauling in a big new case or client.  The management part is just constant BS and headaches, dealing with HR issues, etc.

I'm basically just in sales now.  :shrug:

 
My wife and I are literally in the middle of a conversation about what it would look like if I stopped practicing. Not because woe is me. But because the stress has been bad lately. I was just in Florida for a week and basically stayed half drunk the whole time to drown out the noise.

And this is at the same time I just doubled the firm size and footprint.  When I truly help someone who needs help and all those stars align, it's a drug I cant kick..... but it's harder and harder to get that high.
Monday or Tuesday evening of this past week I was on a scheduled phone conference with my child psychology expert preparing for a case.  It was about 10 PM and my wife got home earlier than expected from having dinner with some of her friends. Because I had assumed I'd be done before she got home I was working in our open living area with my work spread out a bit and the phone on speaker.  I shoot my wife a client look which she presumably reads as, "you don't want to hear this" because she wants to make herself a water and a tea before going into our bedroom.  So, she gets to overhear several minutes of me discussing the forensic interview of a six year old child and the facts surrounding such whereby my client is alleged to have done something you'd expect to hear on Law and Order: SVU.

The next night I'm reviewing some audio recordings of some ugly phone calls between two parties going through a custody case.  My wife comes into the room and accidentally overhears some of that as well.  I shut it off when I realize she's there. My wife then asks me if this is stuff I deal with on a daily basis.  I explain that it is and it's part of the job.  She then takes a breath and explains that she's noticed, along with our extended family, that my stress and patience, which used to be at really good levels, has significantly decreased the last few years.  She says she gets why I come home so stressed and wound up -- and is sympathetic in realizing that home is the rare instance where I don't have to keep up the professional guard -- but that she's worried about me and asked me to consider counseling. 

She's probably not wrong. But my first thought upon hearing the suggestion was, "there's no way I have time for that." 

 
For me, as a partner in BigLaw, it's not even a fun geek-out problem solving/find the smoking gun/come up with a great strategy to win the case job anymore.  That part is more or less gone.  Now it's basically a sales and management position.  The sales part is the only way I get a real "high" lately it seems, hauling in a big new case or client.  The management part is just constant BS and headaches, dealing with HR issues, etc.

I'm basically just in sales now.  :shrug:
Yeah, this is exactly why I’m a plaintiff’s lawyer.  

If moving up means basically going back to waiting tables but for lots of money, I’d prefer to do the “less respect but keep trying cases and still have the chance to make big money” route. 

 
Monday or Tuesday evening of this past week I was on a scheduled phone conference with my child psychology expert preparing for a case.  It was about 10 PM and my wife got home earlier than expected from having dinner with some of her friends. Because I had assumed I'd be done before she got home I was working in our open living area with my work spread out a bit and the phone on speaker.  I shoot my wife a client look which she presumably reads as, "you don't want to hear this" because she wants to make herself a water and a tea before going into our bedroom.  So, she gets to overhear several minutes of me discussing the forensic interview of a six year old child and the facts surrounding such whereby my client is alleged to have done something you'd expect to hear on Law and Order: SVU.

The next night I'm reviewing some audio recordings of some ugly phone calls between two parties going through a custody case.  My wife comes into the room and accidentally overhears some of that as well.  I shut it off when I realize she's there. My wife then asks me if this is stuff I deal with on a daily basis.  I explain that it is and it's part of the job.  She then takes a breath and explains that she's noticed, along with our extended family, that my stress and patience, which used to be at really good levels, has significantly decreased the last few years.  She says she gets why I come home so stressed and wound up -- and is sympathetic in realizing that home is the rare instance where I don't have to keep up the professional guard -- but that she's worried about me and asked me to consider counseling. 

She's probably not wrong. But my first thought upon hearing the suggestion was, "there's no way I have time for that." 
Make time.  

It’s worth it. 

 
@Zow

You’re a dream client.  You don’t have mental illness, you just need someone you can talk to so you don’t end up severely mentally ill.  It’s a flu shot for your brain.  You don’t even need a good therapist, just a confidential one who will listen.

If your wife and rest of your family are starting to notice, it’s time.  If you can’t talk to your wife about your cases it is absolutely time.  

I’ve lost too many good friends who are great lawyers to “I don’t have time to save myself.”  Do it. 

 
Monday or Tuesday evening of this past week I was on a scheduled phone conference with my child psychology expert preparing for a case.  It was about 10 PM and my wife got home earlier than expected from having dinner with some of her friends. Because I had assumed I'd be done before she got home I was working in our open living area with my work spread out a bit and the phone on speaker.  I shoot my wife a client look which she presumably reads as, "you don't want to hear this" because she wants to make herself a water and a tea before going into our bedroom.  So, she gets to overhear several minutes of me discussing the forensic interview of a six year old child and the facts surrounding such whereby my client is alleged to have done something you'd expect to hear on Law and Order: SVU.

The next night I'm reviewing some audio recordings of some ugly phone calls between two parties going through a custody case.  My wife comes into the room and accidentally overhears some of that as well.  I shut it off when I realize she's there. My wife then asks me if this is stuff I deal with on a daily basis.  I explain that it is and it's part of the job.  She then takes a breath and explains that she's noticed, along with our extended family, that my stress and patience, which used to be at really good levels, has significantly decreased the last few years.  She says she gets why I come home so stressed and wound up -- and is sympathetic in realizing that home is the rare instance where I don't have to keep up the professional guard -- but that she's worried about me and asked me to consider counseling. 

She's probably not wrong. But my first thought upon hearing the suggestion was, "there's no way I have time for that." 
I hear you. I go to counseling (at church so it's for more than just this). I've been told to stop practicing.

 
I hear you. I go to counseling (at church so it's for more than just this). I've been told to stop practicing.
Me too.  Not at a church, obviously.  My guy tells me I should stop practicing.  I usually tell him “not until I get it right.”

Once I just asked him, after hearing my stories about my clients and other lawyers, if it was his niece would he rather she gets me or one of the other lawyers who does these cases?

He’s not wrong, though. 

 
@Zow

You’re a dream client.  You don’t have mental illness, you just need someone you can talk to so you don’t end up severely mentally ill.  It’s a flu shot for your brain.  You don’t even need a good therapist, just a confidential one who will listen.

If your wife and rest of your family are starting to notice, it’s time.  If you can’t talk to your wife about your cases it is absolutely time.  

I’ve lost too many good friends who are great lawyers to “I don’t have time to save myself.”  Do it. 
yeah, too many end up turning to booze and drugs as a substitute to mental health.   I drink and do therapy.

 
One of my best friends (groomsman in my wedding) quit his biglaw job ~2 years in after the mental health aspects got so poor that he had to take unpaid medical leave for 2 months to get it right, from both a sleep study and stress/well-being perspective. It was absolutely brutal. The entire preceding 6 months was me doing my best to A) not tell him how to live his life and B) show/convince him that it doesn't matter how many hours you bill if you die and/or never hang out with your wife and your friends.

I get that many of us, in particular those in defense work, feel a huge responsibility. I get that oftentimes there is a lot of money on the line for many. But seriously: the impact on people you care about, and the impact on your ability to perform well for the clients you are able to serve, are DRAMATICALLY altered by your personal health. Literally nothing should be more important than that, both mental and physical.

 
@Zow

You’re a dream client.  You don’t have mental illness, you just need someone you can talk to so you don’t end up severely mentally ill.  It’s a flu shot for your brain.  You don’t even need a good therapist, just a confidential one who will listen.

If your wife and rest of your family are starting to notice, it’s time.  If you can’t talk to your wife about your cases it is absolutely time.  

I’ve lost too many good friends who are great lawyers to “I don’t have time to save myself.”  Do it. 
I can and do talk to my wife about my cases.  She's also good about letting me vent about particularly unreasonable client. And that does help. But, for her sake, I don't talk about the really bad ones or the particular things I have to see/address that are truly bad/evil.   

After some of the comments in this thread I told my wife I'd look into a counselor this week.  My wife and I did a few counseling session when our foster son was reunited with his biological mother after two years.  Unfortunately he's moved away.  I intend to keep looking but, well, it's 10:00 PM, I'm still working, and I'm in trial the next three days. 

 
I can and do talk to my wife about my cases.  She's also good about letting me vent about particularly unreasonable client. And that does help. But, for her sake, I don't talk about the really bad ones or the particular things I have to see/address that are truly bad/evil.   

After some of the comments in this thread I told my wife I'd look into a counselor this week.  My wife and I did a few counseling session when our foster son was reunited with his biological mother after two years.  Unfortunately he's moved away.  I intend to keep looking but, well, it's 10:00 PM, I'm still working, and I'm in trial the next three days. 
You don’t have to get it done today. Well begun is half done. Good work starting. 

 
I can and do talk to my wife about my cases.  She's also good about letting me vent about particularly unreasonable client. And that does help. But, for her sake, I don't talk about the really bad ones or the particular things I have to see/address that are truly bad/evil.   

After some of the comments in this thread I told my wife I'd look into a counselor this week.  My wife and I did a few counseling session when our foster son was reunited with his biological mother after two years.  Unfortunately he's moved away.  I intend to keep looking but, well, it's 10:00 PM, I'm still working, and I'm in trial the next three days. 
Good luck GB.  Take care of yourself.

 
I don't even understand how doing that enters your mind.
I was once sanctioned for gender bias for pointing out that an attorney's claimed reason for a trial continuance (maternity leave) that was filed well after the deadline was simply a delaying tactic since she had (1) announced her pregnancy on the record during a deposition months earlier, and therefore clearly knew before the deadline to ask for a continuance that she would be unable to try the case as scheduled and (2) she was not going to be trial counsel in any case, as her firm was engaging in an intentional strategy of wasting the primary policy limits and then withdrawing in favor of the umbrella insurer.   

The judge ignored the facts that I presented and instead admonished me in open court and sanctioned me. 

Shortly thereafter, we settled with the defendant and took an assignment of bad faith rights against the umbrella insurer, which included a complete copy of the defense counsel's file, including the emails with the umbrella carrier's counsel laying out the strategy of wasting the policy limits, withdrawing and delaying the trial.

First time I got a written letter of apology from a judge.   I silver bullet her for bias every time I get assigned to her courtroom.

Had this turned out differently, I can imagine some colorful language I would have liked to use in the appellate brief.

 
Henry Ford said:
I don't even understand how doing that enters your mind.
Here's the full sentence from his notice of appeal:  "The ruling’s succubustic adoption of the defense position, and resulting validation of the defendant’s pseudohermaphroditic misconduct, prompt one to entertain reverse peristalsis unto its four corners."  I don't want to make light of mental health issues in our profession, which is a very real concern, but this is one lawyer who needs to consider taking a break.

 

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